Part 4

Transitional: implied rights of enforcement

New implied rights of enforcement

Common schemes: related properties
53
1
Where real burdens are imposed under a common scheme, the deed by which they are imposed on any unit comprised within a group of related properties being a deed registered before the appointed day, then all units comprised within that group and subject to the common scheme (whether or not by virtue of a deed registered before the appointed day) shall be benefited properties in relation to the real burdens.
2
Whether properties are related properties for the purposes of subsection (1) above is to be inferred from all the circumstances; and without prejudice to the generality of this subsection, circumstances giving rise to such an inference might include—
a
the convenience of managing the properties together because they share—
i
some common feature; or
ii
an obligation for common maintenance of some facility;
b
there being shared ownership of common property;
c
their being subject to the common scheme by virtue of the same deed of conditions; or
d
the properties each being a flat in the same tenement.
3
This section confers no right of pre-emption, redemption or reversion.
4
This section is subject to sections 57 and 122(2)(ii) of this Act.